1. Except as otherwise provided in NRS 383.170, a person who willfully removes without obtaining any required permit, mutilates, defaces, injures or destroys the cairn or grave of a native Indian:
(a) For a first offense, is guilty of a gross misdemeanor.
(b) For a second offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.
(c) For a third or subsequent offense, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
In addition to any other penalty, the court shall order a person found guilty of any violation of this subsection to pay restitution for the cost to reinter with appropriate dignity all artifacts and human remains associated with the cairn or grave.
2. A person who fails to notify the Office of the discovery and location of an Indian burial site in violation of NRS 383.170 is guilty of a gross misdemeanor and shall be punished by a fine of $500 for the first offense, or by a fine of not more than $1,500 for a second or subsequent offense, and may be further punished by imprisonment in the county jail for not more than 364 days.
3. A person who:
(a) Possesses any artifact or human remains taken from the cairn or grave of a native Indian on or after October 1, 1989, in a manner other than that authorized by NRS 383.170;
(b) Publicly displays or exhibits any of the human remains of a native Indian, except during a funeral ceremony; or
(c) Sells any artifact or human remains taken from the cairn or grave of a native Indian,
is guilty of a category D felony and shall be punished as provided in NRS 193.130.
4. This section does not apply to:
(a) The possession or sale of an artifact:
(1) Discovered in or taken from a location other than the cairn or grave of a native Indian; or
(2) Removed from the cairn or grave of a native Indian by other than human action; or
(b) Action taken by a peace officer in the performance of his or her duties.
(Added to NRS by 1989, 574; A 1993, 929; 1995, 1271; 2013, 983; 2017, 3548; 2019, 585)
Structure Nevada Revised Statutes
Chapter 383 - Historic Preservation and Archeology
NRS 383.031 - Administrator: Qualifications.
NRS 383.041 - Administrator: Duties; employment of personnel.
NRS 383.085 - State Register of Historic Places.
NRS 383.091 - Program for historical markers.
NRS 383.101 - Grants, gifts and donations; payment for services rendered.
NRS 383.111 - Contracts: Historic preservation and archeological activities; expenses for overhead.
NRS 383.123 - Exception to requirements for notice to and consultation with Indian tribes.
NRS 383.160 - Duties of Office of Historic Preservation.
NRS 383.180 - Prohibited acts; penalties; exceptions.
NRS 383.405 - "Historic site" defined.
NRS 383.410 - "Political subdivision" defined.
NRS 383.415 - "Prehistoric site" defined.
NRS 383.420 - "State agency" defined.
NRS 383.425 - "State land" defined.
NRS 383.435 - Prohibited acts; penalties; exceptions; civil remedy.
NRS 383.500 - Creation; members; Chair; rules; meetings; quorum; allowances and expenses.
NRS 383.510 - Plan for preservation and promotion of cultural resources.
NRS 383.520 - Program for awarding financial assistance.
NRS 383.540 - Fund for the Preservation and Promotion of Cultural Resources.